PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENGGUNAAN PAYLATER PADA APLIKASI SHOPEE SEBAGAI BAGIAN DARI FINANCIAL TECHNOLOGY

SONNIA, SONNIA and Emirzon, Joni and Rumesten, Iza (2021) PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENGGUNAAN PAYLATER PADA APLIKASI SHOPEE SEBAGAI BAGIAN DARI FINANCIAL TECHNOLOGY. Undergraduate thesis, Sriwijaya University.

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Abstract

The presence of Paylater as a form of technological development creates problems that have risks legal consequences for the users, especially the users of Shopee Paylater application. The problems of this study is specified as follows: whether online lending and borrowing agreements are legal according to law, how is legal protection provided for consumers in using Paylater on the Shopee application which is based on Financial Technology; and what are the legal responsibilities that can be imposed if the consumer defaults. The method used in this study is a normative legal study. The results of the study reveal that the online loan agreement is legal according to the law and has complied with the provisions of Article 1320 of the Civil Code, in accordance with the provisions of Article 8 paragraph (1) of Bank Indonesia Regulation Number 19/12/PBI2017 and the provisions of PJOK Number 77/POJK 01/2016 related to legal protection for Shopee Paylater application users. Shopee Application service providers provide protection for Shopee Paylater users by carrying out their obligations as business actors and carrying out the principles contained in the Financial services Authority Regulations and in the event of leakage of consumer's data from Shopee Paylater application users. The consumer as the recipient of a loan can also submit a complaint to the Financial Services Authority Institution if the borrower can prove that there is a material loss obtained by the loan recipient as a result of unlawful acts committed by the lender based on the provisions in Article 45 of Law Number 8 of 1999 concemning Consumer Protection. In addition, as an effort to protect Paylater consumers, Shopee as a Paylater service provider provides access to digital traces of transactions made by the customers. The incidence of a default by the Ioan recipient can be resolved either through litigation or non-litigation, by demanding responsibility for the fulfillment of obligations to Paylater consumers by giving verbal or writlen warnings. Furthermore, Shopee Paylater can ask for accountability from consumers for the defaults with the conditions agreed in the agreement, namely by giving Shopee Paylater a fine of 5% of the tolal current bill running Besides, Shopee Account can be frozen so that it cannot be used and other sanctions according to the agreement in the Paylater agreement.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Paylater,Shopee Financial Technology
Subjects: K Law > K Law (General) > K1094-1096 Loan of money
Divisions: 02-Faculty of Law > 74101-Law (S2)
Depositing User: Sonnia Sonnia
Date Deposited: 30 Mar 2022 04:06
Last Modified: 30 Mar 2022 04:06
URI: http://repository.unsri.ac.id/id/eprint/66690

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